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Dáil Éireann debate -
Wednesday, 11 Jul 1923

Vol. 4 No. 7

CIVIC GUARD (ACQUISITION OF PREMISES) BILL, 1923.

Amendment from the Seanad:—
"At the end of Sub-section 2, of Section 3, the following words have been added:—`and where any person being a caretaker was so put out of occupation as aforesaid it shall be lawful for the Minister for Home Affairs, if in his opinion there are any special circumstances warranting his so doing, to authorise the payment to such person of such sum by way of compensation for disturbance as the Minister aforesaid shall, with the consent of the Minister for Finance, think proper.' "

Mr. O'HIGGINS

The amendment suggested by the Seanad is, I think, a proper one. The question was raised there as to the position of a caretaker disturbed by the premises being acquired under this Bill by the Civic Guard, and while I was unwilling to recognise a third party to the proceedings, and while I had held there are really only two parties— the State and the owner of the house which the State finds it necessary to commander for the time being—still undoubtedly cases of pretty considerable hardship might arise, and the compromise was arrived at of not giving to the caretaker a legal right as against the State, but reserving to the Minister the discretionary power of dealing with particular cases that might arise. I think the amendment is a proper one, and ought to be accepted by the Dáil. I move: "That the Dáil do agree with the Seanad in this amendment."

I beg to second.

Question put and agreed to.

A message will be sent accordingly.

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